Robert John Kayian, Transferee - Page 36




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               which evidences Harry Kayian, Sr.'s consistent intent                  
               to evade payment of taxes over a period of years con-                  
               cluding with the [initial] transfer on August 16, 1992                 
               [sic].  As early as 1986, years prior to the transfer,                 
               Harry Kayian, Sr. had decided not to pay his income                    
               taxes and to take any affirmative steps necessary to                   
               evade such payment, including hiding assets, lying to                  
               his return-preparer and to the government and preparing                
               and executing false financial statements under oath,                   
               for submission to the government and to the courts.                    
               * * * The [initial] transfer on August 16, 1992 [sic],                 
               was one more step in furtherance of and consistent with                
               Harry Kayian, Sr.'s intent to evade payment of his                     
               taxes.  Petitioners have not shown that Harry Kayian,                  
               Sr.'s "sole intention" in effecting the subject trans-                 
               fers was to provide a legacy for his heirs.  Even if                   
               Harry Kayian, Sr. had made the transfers with a desire                 
               to provide a legacy for his heirs, such an intention is                
               consistent with the proof in this case [sic] of his                    
               actual intent to hinder, delay, or defraud the gov-                    
               ernment's attempts to collect the transferred property                 
               to satisfy his tax liabilities and, [sic] does not                     
               negate the proof of such intent to hinder, delay, or                   
               defraud.  Cf. United States v. Southland Corp., 760                    
               F.2d 1366, 1373 (2d Cir.), cert. denied, 474 U.S. 825                  
               (1985) (citation omitted) (in the context of criminal                  
               intent to defraud the government, one cannot escape                    
               liability by showing that the intent to defraud "was                   
               merely incidental to some other action which consti-                   
               tuted the primary motivation").                                        
               To support their position about Mr. Kayian, Sr.'s intent in            
          making the initial transfer, petitioners rely on the testimony of           
          Ms. Livingston and Mr. Kayian, Jr.  Based on the record in these            
          cases and our observation of those witnesses, we believe that               
          there are ill feelings and an adversarial relationship between              
          Ms. Livingston and Mr. Kayian, Jr.  We have serious reservations            
          about the reliability of material aspects of the testimony of Ms.           
          Livingston and the testimony of Mr. Kayian, Jr., and we shall not           






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